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Edit: to clarify: the message in the ad is actually ironic/satirical, mocking the advice for cyclists to wear high-viz at night.
It uses the same logic but inverts the parts and responsabilities, by suggesting to motorists (not cyclists) to apply bright paint on their cars.
So this ad is not pro or against high-viz, it's against victim blaming
Cross-posted from: https://mastodon.uno/users/rivoluzioneurbanamobilita/statuses/113544508246569296
This 'take' is close to the law in NL. The shift in responsibility is there to even out the differences in safety mechanisms. The law acknowledges this disparity and seeks to provide additional protection to vulnerable road users. This rule encourages car drivers to exercise extra caution, knowing that they will likely bear legal responsibility in the event of an accident.
It's important to note that the rule imposes strict liability, which means that the motorist is presumed responsible for damages unless evidence strongly indicates otherwise. If the cyclist is partially at fault (e.g., running a red light), liability might be shared, but the motorist is rarely absolved entirely.